I don't get what you're meaning. If exactly the same happens in Germany you have no hold against. Being #1 on a more or less imaginary waiting list doesn't form an essential part of the contract.

@cowmoo32
What happened to you is really annoying, but like GregW indicated dealer demo cars and customer cars aren't necessarily the same. That's like it was in Germany. Demo cars' production started 3 months earlier than customer cars'. Maybe your #1 spot meant first customer car.

Best regards, south

i meaned the defeasibility (Anfechtbarkeit) of a contract, if you dont achieve your part of a contract. of course, if there hadnt been any note of the time of salery, there is no way, but wont you arrange that in the contract? ( if no date avaible s.t. like these "numbers" ?

i meaned the defeasibility (Anfechtbarkeit) of a contract, if you dont achieve your part of a contract. of course, if there hadnt been any note of the time of salery, there is no way, but wont you arrange that in the contract? ( if no date avaible s.t. like these "numbers" ?

You're studying law, don't you?

Not performing your part of the contract is not a sufficient reason for defeasibility. Guess you're meaning that this is a case of malicious fraud, but that would require that the contract would not have been "signed" without the fraud, which IMO is doubtful.

All this under the assumption that you really would arrange "You're getting our first car" in the contract, which is not likely neither. Does your contract state anything like that?

Here's what happened:
He emails me in December with the options list and tells me to spec the car out. I emailed him back in january with my options and told him I didn't want to finalize anything before I knew the price. What he failed to tell me is that in the time between that email the price announcement, he went ahead and gave someone else my spot. WTF. I'm waiting on an email from him right now...either knocking down the price or he's going to give me something when I get the car, and a set of floor mats isn't going to help, but he doesn't know that yet. I could have my car in my driveway right now, but instead someone else is picking it up tomorrow. BMW NA and Roundel, here I come.

Here's what happened:
He emails me in December with the options list and tells me to spec the car out. I emailed him back in january with my options and told him I didn't want to finalize anything before I knew the price. What he failed to tell me is that in the time between that email the price announcement, he went ahead and gave someone else my spot. WTF. I'm waiting on an email from him right now...either knocking down the price or he's going to give me something when I get the car, and a set of floor mats isn't going to help, but he doesn't know that yet. I could have my car in my driveway right now, but instead someone else is picking it up tomorrow. BMW NA and Roundel, here I come.

I can understand what he did, but he should have given you a chance to order w/o the price first, before giving the spot away. I actually passed on my dealer's first allocation because there was no pricing, but bit the bullet when the second one came up and went ahead with it.

Business is business and I can understand wanting to move cars as fast as possible too, but I have an email from a few months ago from him telling me the #1 spot was mine and that my order would be in within a few days, it was closer to a few weeks. The fact of the matter is that he wasn't fully honest with me. Had he told me that he was giving my spot away because I wanted to know the price, I would have gone ahead and ordered.